15 Rights and Civil bodies urges PM to ratify CAT
Source: IT News
Imphal, June 27 2019:
At least fifteen Human Rights bodies of the state had submitted a memorandum to the Prime Minister of India urging him to ratify the United Nations Convention Against Torture and other Cruel, Inhumane and Degrading Treatment or Punishment (CAT) .
The memorandum has been submitted in connection with the observance of International Day in Support of Victims of Torture 2019 organised jointly by The Civil Society Coalitions for Human Rights in Manipur and the UN (CSCHR) .
In the memorandum signed by the 15 civil rights bodies stated that the United Nations General Assembly adopted the Convention against Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment (CAT) on 10 December 1984, by passing resolution 39/46 .
The prohibition of torture is a part of international law and also a part of jus cogens.
Jus cogens are international norms that are so fundamental where no deviation from them is permitted.
It also gives raise to obligation erga omnes (owned to and by all States) to take action against those who torture.
It stated that India signed the CAT on 14 October 1998.The ratified of the same is due for the last 21 years.
India has expressed its reservations against certain provisions contained in the Convention, such as Inquiry by Committee of CAT (Article 20); State complaints procedure (Article 21) and individual complaints procedure (Article 22) .
The Government of India initially took the stand that torture is punishable offence under Indian Penal Code 1860 .
However, it was decided to go for standalone legislation and the prevention of torture bill 2010 was introduced in the Lok Sabha to give effect to the provision of CAT.
Rayja Sabha referred the bill to a selection committee which as proposed ammendments to the bill to it make it more complaint to CAT.
But the bill lapses with the dissolution of 15th Lok Sabha.
Thereafter in a civil writ petition filed by Dr.Ashwani Kumar submitted before the Supreme Court that "India faces problem in extradition of criminal from foreign countries because of these (having no law against torture) .
It's in our own national interest to have such a law".
The writ petition sought direction to the government to have a legal framework and proper guidelines in terms of the CAT to prevent torture, cruelty, inhumane or degrading treatment to jail inmates.
The Law Commission of India in its reported number 273 dated October 2017 have also recommended the ratification of CAT, the memorandum urged.
India has repeatedly promised in its voluntary pledge while seeking membership to the UN Human Rights Council that India will ratify the Convention.
Also in the Universal Periodic Review the issue of non-ratification of CAT has attracted maximum attention from other governments.
In the last third cycle as many as 42 governments have recommended for its ratification.
Those signed in the memorandum are Santa Khurai, Secretary, All Manipur Nupi Manbi Association (AMANA), Jiten Yumnam, Director, Centre for Research and Advocacy, Manipur (CRAM), Punildro Konsam, Co-convenor, Civil Society Coalition for Human Rights in Manipur and the UN (CSCHR), Okram Nutankumar, Secretary, Committee on Human Rights (COHR), Manipur, RK Komoljit, Secretary, Community Network for Empowerment (CoNE), Edina Yaikhom, Secretary, Extrajudicial Execution Victim Families Association, Manipur (EEVFAM), Kangujam Ranjit, President, Families of the Involuntarily Disappeareds' Association Manipur (FIDAM), Babloo Loitongbam, Executive Director, Human Rights Alert (HRA), Manoj Thokchom, Administrator, Human Rights Initiative (HRI), Joy Chingakham, Chairman, Human Rights Defender, Manipur (HRDM), Onil Kshetrimayum, Co-ordinator Reach Out (RO, Maharabi, Secretary, United Voluntary Youth Council (UVYC), W Second, President, United People's Front (UPF), Khangembam Anandi, Managing Trustee, Just Peace Foundation (JPF) and Keisam Pradip Kumar, Member, State Core Group, Manipur Alliance for Child Rights (MACR) .
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